Nikah In Rickshaw: Punjab & Haryana High Court Directs CBI To Probe Suspected 'Illegal Conversion' In Name Of Inter-Faith Marriage

The Punjab and Haryana High Court has directed the CBI to probe a suspected illegal religious conversion in the name of inter-faith marriage.

The direction was passed by Justice Sandeep Moudgil after "profound and conspicuous suspicion" in a case involving inter-faith marriage solemnized in an autorickshaw, "without the presence of two witnesses coupled with the place of solemnization of marriage stated to be at Masjid." The bench said,

"...the marriage solemnized appears to be an eye wash as by no stretch of imagination, a Maulvi/Quazi under the Mohammedan law can be expected to perform NIKAH in an auto-rickshaw, without the presence of two witnesses coupled with the place of solemnization of marriage stated to be at Masjid...the investigation conducted by the concerned police officials is deplorable as it has only touched the tip of an ice-berg wherein a much larger part needs to be discovered underneath."

Counsel appearing for the central probe agency assured the Court that the CBI will conduct a thorough and fair inquiry into the matter particularly from the perspective as to whether any such attempt of coordinated and illegal conversion for the sake of marriage has been made. The agency will also ascertain whether the Maulvi/Quazi was competent enough to perform the marriage as per the desired customs and rituals of the Muslim religion, at such a 'place'.

Perusing the reply filed by the Punjab Police, the Court opined that, "neither any progress has been made in the investigation nor any attempt has been made to consider the sensitivity involved in the present case."

The Court further noted that as per the reply the witnesses who were mentioned in the marriage certificate stated that, "neither did they participate in the marriage nor have signed the marriage certificate."

"It thus appears that the investigation has not been done diligently and the material produced before this Court in the form of statements of villagers and Maulvi do not inspire confidence of this Court wherein investigation seems to have been done in a manner only to hush up the process," added the Judge.

The counsel appearing for the State submitted that nothing offensive has been found in the solemnization of marriage and is rather not a case of illegal conversion.

"He further supports his submission by stating that Petitioner No.1 (woman) has not converted her religion which is evident from the marriage certificate..., however, is only willfully practicing Muslim religion," the Court noted.

 Adding that the counsel appearing for the CBI sought "two weeks time to look into the matter and apprise the court with specific queries put-forth", the Court deferred the matter to August 29.

Title: XXX v. STATE OF PUNJAB AND ANR.

Mr. Harjinder Singh, Advocate for the petitioner.

Mr. Jasjit Singh Rattu, DAG, Punjab.

Mr. Parteek Gupta, Advocate for respondent-CBI

Click here to read/download the order